Bail prospects of DMK MP Kanimozhi and four other accused in the 2G spectrum allocation scam case today appeared to have brightened with the CBI not opposing their being freed by a Delhi court which has reserved its orders for November 3.
Kanimozhi, Kalaignar TV MD Sharad Kumar, Directors of Kusegaon Fruits & Vegetables Asif Balwa, Rajiv Agarwal and Bollywood producer Karim Morani, today moved their bail plea in the wake of framing of charges against them in the case.
The CBI, which did not oppose the plea of the five accused, however, chose to raise objections on the bail plea of Swan Telecom promoter Shahid Balwa and former telecom minister A Raja's former private secretary RK Chandolia, saying specific charges framed against them carry seven years jail term as maximum sentence.
Giving reasons for not opposing the bail, Special public prosecutor UU Lalit said Kanimozhi and four others faced "specific" charges, apart from the "umbrella section" of 120-B (criminal conspiracy) IPC, which entail only five years sentence as maximum punishment.
"Lets put Shahid Balwa and Chandolia in different category at this stage...I submit, one can make distinction so far as those for whom maximum punishment can be five years and those against whom maximum punishment can be seven years.
"At this juncture, I am opposing the bail pleas of accused Chandolia and Shahid Balwa," Lalit told Special CBI Judge OP Saini.
Regarding Kanimozhi and four others, Lalit said, "Of course, bail should be granted to them subject to discretion of the court which may impose certain conditions to ensure their presence during the hearings."
On the charges framed against Kanimozhi and four others under section 409 (criminal breach of trust) of the IPC, which carries life term sentence as maximum punishment, Lalit said it was accompanied by the charge of criminal conspiracy as well.
The CBI is categorising the five accused as distinct from Shahid Balwa and Chandolia on the basis of maximum sentence carried by the specific charges framed against them apart from the "umbrella section" of criminal conspiracy, Lalit said.
He said the specific charges framed against Kanimozhi and four others, includes offences under provisions of Prevention of Corruption Act, which carries five years as maximum sentence.
"As a public prosecutor, this is my duty to see that the offences for which these accused (Kanimozhi and four others) are charged carries a maximum punishment of five years. We have no objection. We are not opposing their bail pleas.
"I would humbly submit and request the court to consider the bail pleas of these five accused," Lalit said.
He added, "I do not know how much time each accused has spent in custody but they have at least spent 5-6 months. This court might consider their bail pleas."
The court would pronounce the order on all the seven bail pleas on November 3 after advocate Vijay Agarwal, appearing for Shahid Balwa and Chandolia, wrapped up his arguments on their bail pleas.
